The Township recognizes that the allowance of outdoor dining facilities will stimulate public interest, benefit economic productivity, provide an aesthetically pleasing atmosphere in the business community and promote the general welfare of the residents of the Township of Manalapan. The purpose of this chapter is to establish guidelines to procure and maintain a limited authorization license to permit outdoor dining.
[HISTORY: Adopted by the Township Committee of the Township of Manalapan 4-23-2014 by Ord. No. 2014-07; amended in its entirety 4-16-2025 by Ord. No. 2025-08. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
The designated area of the property of a restaurant to be used for purposes of the outdoor dining facility. The outdoor dining area shall be limited to the rear yard or side yard of the property or the sidewalk area immediately in front of the establishment's building or storefront.
A lot, parcel, or tract of land, together with the building and structures located thereon.
A Category One or Category Two restaurant as defined in § 95-2.4 of the Development Regulations of the Township of Manalapan.
That area of the public or private right-of-way reserved for pedestrian traffic from the curb to the front line of the building housing a restaurant.
It shall be unlawful for any person, firm, corporation or other entity to operate an outdoor dining facility within the Township without first obtaining an outdoor dining facility license therefor in compliance with the provisions of this chapter. Such license shall not be transferable from the person or entity to whom the license is issued.
Every applicant for an outdoor dining facility license shall annually file with the Township Clerk a sworn application which shall provide the following information:
A.
The name, address, email address, and telephone number of the applicant.
B.
The name, address, and telephone number of the restaurant where outdoor dining is proposed to be maintained.
C.
A detailed description of the proposed outdoor dining facility that shall include a plan, including all applicable dimensions, depicting the area and the number of tables, chairs, benches, umbrellas/shade structures, and receptacles for garbage and recyclables to be used for outdoor dining purposes, as well as any and all other improvements and appurtenances associated with the proposed outdoor dining facility.
D.
Consent of the owner of the premises, if other than the applicant.
E.
A statement that the applicant shall indemnify and hold harmless the Township, its officers, agents and employees from any and all claims, actions, liability, damages or costs, including reasonable attorney's fees and other costs of defense arising out of any action or claim brought against the Township pertaining to the licensee's operation of an outdoor dining facility.
The initial license fee for each premises on which outdoor dining facilities is conducted shall be $500. The fee shall be paid with the license application and is not refundable. The renewal fee for each subsequent year shall be $250.
No outdoor dining license shall be issued unless the licensee shall have first filed adequate proof that the following insurance requirements have been provided:
A.
The following language/wording must appear on the insurance certificate: "The certificate holder (the Township of Manalapan) is included as an additional insured as respects losses arising solely from the operation of the outdoor dining facility."
B.
Ten days' written notice of cancellation must be provided to the Township Clerk.
C.
The insurance certificate must be written by a company licensed to do business in the State of New Jersey and rated A or better by A.M. Best Rating.
D.
The minimum insurance coverage requirements are:
(1)
General liability: $1,000,000 per occurrence/$2,000,000 aggregate.
(2)
Products and completed operation aggregate: $500,000.
(3)
Personal and advertising injury: $500,000.
(4)
Each occurrence: $500,000.
(5)
Fire damage (any one fire incident): $500,000.
(6)
Medical expense (any one person): $500,000.
(7)
Workers' compensation: statutory requirements.
A.
The application for a license is subject to the approval of the Township Committee. The application for a license shall be reviewed by the following departments: the Zoning Department, the Health Department, the Police Department, and the Construction Department. The reviewing departments shall review the application and deliver a report to the Township Clerk within 30 days. If the application is deemed to be deficient, the applicant will be advised of the deficiencies, and the applicant may resubmit the outstanding items with no additional fee. An application shall not be considered by the Township Committee until comments and recommendations are provided by all reviewing departments.
B.
The following items must be submitted with all license applications:
(1)
Letter of intent providing all operational details for the proposed outdoor dining facility, including but not limited to hours of operation, food and beverages offered and proposed music, if any.
(2)
A clear and detailed site plan including all dimensions and identifying the location of the outdoor dining area; all details and specifications for the required barrier between the seating area and the public circulation areas; the location of all tables, chairs, umbrellas/shade structures, and benches and refuse disposal locations, which includes the existing square footage of the indoor dining area and the square footage of the proposed outdoor dining area.
(3)
Photographs of the uses adjacent to the proposed outdoor dining area.
(4)
Photographs of the area where the outdoor dining will be located.
(5)
Detailed screening plan.
(6)
Detailed lighting plan, including details of the fixtures and levels of proposed illumination.
(7)
Total number of seats associated with the subject restaurant, both indoor and outdoor.
C.
Any applicant who is denied a license may request a hearing on the denial decision before the Township Committee as set forth in § 157-13 herein.
D.
If it is determined by the Township Committee that the proposed improvements associated with the outdoor dining facility are substantial or will constitute a permanent expansion of the building, site plan approval from the Planning Board or Zoning Board of Adjustment shall be required before the Township Committee can approve the license application.
A.
An outdoor dining facility license shall be valid only April 1 through October 31 of a given year.
B.
A new outdoor dining facility license must be obtained for each year.
C.
An outdoor dining facility license may not be transferred in any way.
D.
The license shall be displayed in a conspicuous place on the premises during the use of the outdoor dining facility.
The conduct of outdoor dining pursuant to a license issued under this chapter shall be subject to and inclusive of all of the following restrictions and requirements. This provision shall not be interpreted to limit the discretion of the Township Committee or any Township departments responsible for review of the application to require further conditions as part of application review as they may deem reasonable and appropriate:
A.
Outdoor dining may only be conducted in districts zoned for business uses.
B.
All outdoor dining areas shall be immediately adjacent to the principal restaurant.
C.
The outdoor dining area must be clearly defined and limited by way of a barrier, such as fencing, landscaping, or a wall. In locations where the outdoor dining area is adjacent to or in close proximity to a roadway, drive aisle, parking area, or other area that allows for vehicular traffic, a protective barrier, such as concrete-filled pipe bollards spaced no more than five feet apart; concrete barriers or heavy-duty concrete planters, must be provided to shield the outdoor dining area from vehicles. Plastic barrels or barriers filled with water shall not be deemed acceptable for compliance with this requirement.
D.
The outdoor dining area must not block, obstruct and/or inhibit pedestrian traffic on public sidewalks. Pedestrian traffic must have clear, open and unobstructed access between the edge of the outdoor dining area and the curbline of the sidewalk.
E.
If deemed necessary by the Township Committee, any outdoor dining area shall have adequate buffering from adjacent buildings or sites, with the buffer consisting of landscaping and/or fencing. If the outdoor dining area abuts residentially zoned land or a residential use, the outdoor dining area shall be located a minimum of 50 feet from the common property line and shall be buffered with landscaping and/or fencing.
F.
Outdoor dining facility owners, employers, and employees shall not block, obstruct, or inhibit a building's entrance/egress.
G.
Only tables, chairs, benches, umbrellas, receptacles for garbage and recyclables, required barriers, and other improvements specifically required and/or approved by the Township Committee are permitted within the outdoor dining area.
H.
Outdoor dining facility owners, employers, and employees shall not place any table, chair, bench, sign, umbrella or other item in such manner as to block or obstruct any municipal sign; receptacles for garbage and recyclables; public hydrants; or other public amenity.
I.
Outdoor dining facility owners, employers, and employees must provide for the disposal of garbage and recyclables. Public receptacles for garbage shall not be used and outdoor storage of refuse shall not be permitted. All receptacles for garbage and recyclables shall be removed at the time of closing.
J.
The outdoor dining area and surrounding sidewalk and property areas shall be kept clean from any litter during hours of operation.
K.
Customers must be seated in the outdoor dining area during their patronage. Outdoor dining facility owners, employers, and employees are prohibited from serving drivers or passengers in vehicles.
L.
All food preparation shall be indoors in the regular kitchen area of the restaurant.
M.
Alcohol service and/or consumption at the outdoor dining facility is subject to further regulation more fully described in this chapter.
N.
There shall be no offensive odor emanating from the outdoor dining facility due to food preparation, handling, spoilage, and/or litter.
O.
All lighting shall be directed towards the principal restaurant. No exterior lighting that extends beyond the boundaries of the property of the outdoor dining area shall be permitted.
P.
Outdoor heating components and temporary patio enclosure materials for inclement weather shall be permitted.
Q.
All noise emanating from the outdoor dining area shall be kept at such a level as to comply in all respects with the provisions of applicable ordinances. Light music, limited to allow for conversation, shall be permitted.
R.
Hours of operation shall be from 11:00 a.m. to 11:00 p.m., and all outdoor dining areas must be cleared and washed daily by 11:30 p.m.
S.
The Township reserves the right to temporarily suspend an outdoor dining facility license to allow for construction activity, utility repairs, special events, or other appropriate reasons as determined by the Township Committee. Reasonable advance notice will be given to the affected outdoor dining facility licensees.
T.
The applicant and subject site must comply with the Township parking requirements for restaurants. In calculating the required parking, all seats and/or floor space, both indoor and outdoor, shall be utilized. The Zoning Officer may approve a waiver from this requirement if the applicant can demonstrate that such a waiver is appropriate and justified. A parking analysis or report from a licensed professional engineer or other appropriately qualified professional may be required in support of the waiver.
The outdoor dining area upon which an outdoor dining facility has been authorized to operate pursuant to this chapter may constitute premises duly licensed for the sale and/or consumption of alcoholic beverages, provided:
A.
The restaurant of which an outdoor dining facility is a part is a licensed premises.
B.
Specific approval has been obtained from the appropriate local and state agencies for the extension of the alcoholic beverage consumption license to the outdoor dining area. Such approval shall be separate from and must be obtained in addition to the license to operate an outdoor dining facility pursuant to this chapter.
A.
Licenses issued under the provisions of this chapter may be revoked by the Township for any of the following causes:
(1)
Fraud, misrepresentation or false statements contained in the application for license.
(2)
Fraud, misrepresentation or false statements by the licensee in the course of conducting the business licensed.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or offense involving moral turpitude.
(5)
Conducting the business licensed in an unlawful manner.
B.
Notice of license revocation shall be provided in writing from the Township Clerk or Administration Department.
A.
Any person aggrieved by a denial or revocation of a license shall have the right to a hearing before the Township Committee. Such appeal shall be taken by filing with the Township Clerk, within 10 days after the notice of the action complained of has been mailed to such person's last known address, by certified mail, return receipt requested, a written statement setting forth fully the grounds for the appeal.
B.
The Township Committee shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant. The decision of the Township Committee on such appeal shall be final and conclusive.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $2,000 or imprisonment for a term not to exceed 30 days, or both, in the discretion of the court.